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(영문) 광주지방법원 2015.11.04 2015고합131
성폭력범죄의처벌등에관한특례법위반(장애인피보호자간음)등
Text

A defendant shall be punished by imprisonment for five years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

From October 2013 to September 2014, the Defendant designated an assistant of a victim C (n, 54 years of age, intellectual disability 3 level, and safe disability 2 level) as an assistant to support the physical activities, household activities, and movement of the victim who is a severely disabled person.

1. Persons engaged in protecting persons with disabilities who violate the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. around March 2014, at the victim’s house located in 14:00 Gwangju Northern-gu D apartment 202 Dong 1102, the victim, who was found head, laid off the bend under the bend of the bend and was under his/her protection by force by putting off his/her clothes from the bend and sexual intercourse once with his/her head, and sexual intercourse with the victim, who is a physical or mental disability, who is under his/her protection by force.

B. From May 2014 to August 2014, between 21:30 and 2014, the Defendant’s house located in the north-gu, 21:30, left the victim’s house and was driven by the same Gu, and parked in the f apartment on the water side at the entrance of the F apartment in the Gwangju North-gu, Gwangju, and the victim was seated up to the seat of the f apartment, and the victim was her seated, and was her sexual intercourse with the victim, who was under his/her protection by force, by taking off the victim’s personal and mental disability, who was under his/her protection by force.

다. 2014. 5. 무렵부터 2014. 6. 무렵 사이 바람을 쐬자는 명목으로 광주 북구에 있는 피해자의 집을 출발하여 전남 화순군을 향하여 스타렉스 승합차에 피해자를 태우고 운전하여 가던 중 위 경로를 벗어나 광주 북구 G에 있는 H요양원 근처 큰 도로에서 산소 올라가는 도로에 승합차를 주차시킨 다음 피해자가 앉아있는 뒷좌석으로 넘어가, 싫다며 제지하는 피해자를 눕힌 후 몸 위로 올라타 옷을 벗기고 1회 성교행위를 하여 위력으로 그의 보호를 받고 있는 신체적ㆍ정신적 장애자인 피해자를 간음하였다. 라.

May 2014

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